§ 17 Clause 7, page 6, line 21, after 'Wales' insert 'and desires'
§ 18 Clause 7, page 6, line 22, at end insert 'and, for the purpose of complying with the law in force in that country, territory or place, is required to obtain from a competent authority in Scotland,'
§ 19 Clause 7, page 6, line 23, leave out and he desires'
§ Lord KIRKHILLMy Lords, with the leave of the House, I beg to move that this House doth agree with the Commons in their Amendments Nos. 17 to 19 inclusive en bloc. Clause 7 is concerned with marriages outside Scotland, and it provides that a person resident in Scotland can give notice of marriage there and obtain from the registrar a certificate in respect of his legal capacity to marry which he can present to the authorities of the country in which he is to be married. This continues present practice in all respects.
In its amended form the clause draws a distinction between marriages in England or Wales and marriages outside Great Britain. The earlier version of the clause would have enabled a person to apply for such a certificate, for any marriage outside Scotland, merely on the basis that he desired one. This is perfectly correct for intended marriages in England or Wales, where the Scottish certificate is an acceptable alternative to the corresponding certificate which could be obtained direct from the English registrar; but the use of the word "desires" is not accurate for marriages outside Great Britain. Some European countries require a foreigner who wishes to marry in these European countries to produce a certificate stating that there is no impediment to marriage under the law of his own country. The European countries not only require the foreigner to produce the certificate but also determine the country from which it should be obtained. At the present time such certificates are issuable under the Marriage with Foreigners Act 1906, the relative provisions of which are being repealed.
The Amendments reflect more accurately the distinction between the two sets of circumstances and thus, for marriages in European countries, authorise registrars to issue the Scottish certificates only where the people concerned have been required by the European country to produce them.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Kirkhill.)
§ Lord FERRIERMy Lords, I may be very silly, but I cannot make sense out of Clause 7(1)(a) as amended, where the words "and desires" come after "Wales". Does it make sense?
§ Lord KIRKHILLMy Lords, I am sorry, but I missed the second part of the noble Lord's comment. Would he repeat it?
§ Lord FERRIERMy Lords, as amended the subsection reads:
Where a person residing in Scotland is a party to a marriage intended to be solemnised in—(a) England or Wales with a party residing in England or Wales; and desires or".
§ Lord KIRKHILLMy Lords, Amendment No. 19 leaves out "and he desires".
§ Lord FERRIERMy Lords, I thank the noble Lord.
§ On Question, Motion agreed to.